header-logo header-logo

02 October 2014 / Edward Heaton
Issue: 7624 / Categories: Features , Divorce , Family
printer mail-detail

Divorce: who’s to blame

heaton_0

A recent appeal court ruling highlights the flaws in a fault-based divorce system, says Ed Heaton

In Price v Price [2014] EWCA Civ 655, the Court of Appeal revisited the issue of when a decree nisi should be set aside. Mrs Price issued a petition for divorce on 14 November 2012, based upon Mr Price’s unreasonable behaviour, specifically his alleged profligacy with money. Mr Price, acting in person, filed an acknowledgement of service, in which he indicated an intention to defend the divorce, but no answer was subsequently received by the court. In the absence of any answer, Mrs Price filed an application for decree nisi on the basis that the divorce was undefended. On 29 January 2013, the court certified that Mrs Price was entitled to a decree and decree nisi was listed for pronouncement on 18 February 2013.

On 14 February 2013, Mr Price applied for the pronouncement to be vacated and for the court’s certificate to be set aside. The pronouncement was adjourned until

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll